Paari Perumal & K. Kulasekar for the Judgment Debtor/Appellant [Messrs K. Kulasekar & Associate] Reeve Lim Chun Loong for the Judgment Creditor /Respondent [Messrs Lim, Wong & Co]

Paari Perumal & K. Kulasekar for the Judgment Debtor/Appellant [Messrs K. Kulasekar & Associate] Reeve Lim Chun Loong for the Judgment Creditor /Respondent [Messrs Lim, Wong & Co]

The appeal is dismissed because the affidavit under Rule 93 did not plead any counterclaim/set-off as required and is to be treated as if no affidavit was filed; the High Court judgment is final under the Bozson test and enforceable; the audit report and costs were reasonably incurred and recoverable under para 1(c)...

Source-derived case information.

Citation
KEBANKRAPAN NO.: WA -29NCC-2873-09/2019 (Mahkamah Tinggi)
Parties
Judgment Debtor / Appellant: Lee Weng Hong; Judgment Creditor / Respondent: Yew Sai Sam
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 August 2020
Case Number
KEBANKRAPAN NO.: WA -29NCC-2873-09/2019 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Insolvency / Appeal From Senior Assistant Registrar Decision to Set Aside Bankruptcy Notice
Outcome
Appeal dismissed; decision of Senior Assistant Registrar affirmed; costs awarded to respondent
Legal Topics
Bankruptcy Notice, Setting Aside, Audit Costs, Finality of Judgment, Locus Standi, Set Off/counterclaim
Insolvency Bankruptcy Civil Procedure Partnership Law Bankruptcy Notice Setting Aside Audit Costs Finality of Judgment +2 more

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Parties

Lee Weng Hong

Judgment Debtor / Appellant

Yew Sai Sam

Judgment Creditor / Respondent

Procedural Posture

Bankruptcy / Insolvency / Appeal From Senior Assistant Registrar Decision to Set Aside Bankruptcy Notice

Legal Issues

  1. 1 Whether the affidavit filed under Rule 93 Insolvency Rules 2017 operated as a valid application to set aside the bankruptcy notice
  2. 2 Whether the underlying High Court judgment was final or interlocutory
  3. 3 Whether the audit report and audit costs claimed in the bankruptcy notice were valid

Ratio Decidendi

The appeal is dismissed because the affidavit under Rule 93 did not plead any counterclaim/set-off as required and is to be treated as if no affidavit was filed; the High Court judgment is final under the Bozson test and enforceable; the audit report and costs were reasonably incurred and recoverable under para 1(c) of the judgment; the Judgment Creditor is entitled to claim RM451,000 for the generators under para 1(g); and there was no evidential set-off for the RM70,000 costs and RM2,800 allocatur fee.

Court Disposition

Appeal dismissed; decision of Senior Assistant Registrar affirmed; costs awarded to respondent

Orders

  • Dismiss appeal with costs
  • Affirm the Senior Assistant Registrar's decision dated 10.2.2020 refusing to set aside the bankruptcy notice dated 19.9.2019